Madhya Pradesh High Court
Naresh Singh Gurjar vs The State Of Madhya Pradesh on 12 May, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 12th OF MAY, 2022
MISC. CRIMINAL CASE No. 17919 of 2022
Between:-
NARESH SINGH GURJAR S/O SHRI
RAMAKHTYAR SINGH GURJAR , AGED ABOUT
30 YEARS, OCCUPATION: AGRICULTURIST
GRAM LOLAKPUR, PS NURABAD (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SAMAR GHURAIYA-ADVOCATE )
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION PS NOORABAD (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI KAUSHLENDRA SINGH-PUBLIC PROSECUTOR
SHRI MANOJ DWIVEDI-ADVOCATE FOR THE COMPLAINANT )
T h i s application coming on for admission and hearing on I.A.
No.5830/2022 this day, the court passed the following:
ORDER
I.A. No.5830/2022, an application under Section 301 Cr.P.C. filed on behalf of the complainant is taken up, considered and allowed for the reasons mentioned therein.
Shri Manoj Dwivedi, Advocate and his associates are permitted to assist the prosecution.
The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with Crime 2 No.21/2022 registered at Police Station Noorabad, District Morena for the offence punishable under Sections 327, 323,294, 506, 34 of IPC.
In brief case of the prosecution is that on 31.01.2022 complainant Ramlakhan lodged a report against present applicant and three others that on 30.01.2022 at 9.00 AM he was sitting in front of his house. Accused Deshraj alongwith Naresh (present applicant) came there and demanded money to drink liquor. He refused. Naresh (present applicant) assaulted with iron sariya on his left hand. Deshraj assaulted with hockey stick on his back. Meanwhile Rajveer and accused Valister came over there and started abusing them with filthy language and assaulted them with fists blows, due to which he fell down on the floor. He got injuries. Banvari, and Rustom came to intervene. On his report crime No. 21/2022 for the offence punishable under Sections 327, 323, 294, 506, 34 of IPC was registered. He was sent for medical examination. Statements of witnesses were recorded.
From the side of the applicant, it is submitted that after the incident family members of complainant assaulted the present applicant and his brother with gun. Offence punishable under Section 307, 294, 34 of IPC bearing crime No.33/2022 at Police Station Noorabad District Morena was registered against relatives of complainant. It is further submitted that co-accused Deshraj Singh and Valister Singh have been granted the benefit of bail vide order dated 4.4.2022 and 29.3.2022 respectively. In such circumstances, applicant prayed for grant of anticipatory bail.
Learned State counsel is opposed the bail application and prayed for its rejection.
Heard learned counsel for the rival parties at length and perused the case diary.
3Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000/- (Rupees twenty five thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Officer. The applicant shall further abide by all other conditions as enumerated in sub-section (2) of Section 438 of Cr. P. C. Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) JUDGE vv VALSALA VASUDEVAN 2022.05.12 17:36:33 +05'30'